jon: without batman mobile doesn't have a flames shooting out the end, that would make a really cool. very creative and good for them. all right, enjoy your weekend. jenna: you have a big performance tomorrow, right? speak you know, wanaque showed up. thank you for joining us. [laughter] jenna: "america live" starts right now. megyn: fox news election alert in the race for the white house. welcome to "america live." i am megyn kelly. over the past 40 hours, real clear politics, has all been moved to the mini category. michigan, pennsylvania, and wisconsin, the 50 electoral votes have been moved over to the romney side.

this development raises the stakes even higher for president obama and governor romney heading into next tuesday's town hall debate. that will be in long island. chris stirewalt is our digital politics editor. i want to get to the debate, but i have to start with this. when you look at the way the electoral map goes, it's like wisconsin and michigan and pennsylvania -- is pennsylvania back in play now? is that real? >> sure, it is real. what you are seeing is this big search for governor romney. the way that you put it is right. mitt romney can't get elected without ohio. the sentence is now that iraq obama can't win without

pennsylvania. it is hard to imagine a path to victory for him. the change in this map, an amount fully illustrate that, a search could be nothing if it doesn't really manifest itself in the battleground states, and here are the blue states. since 1988, around towards mitt romney, he has to be concerned in chicago. megyn: i'll ask you as we have seen the polls tighten day after day since that debate in denver. is this about the debate? or is it about something bigger. >> it is about something bigger and defense. people are very concerned and the ability of our government to deal with the very significant problems facing us. that sets a high bar. people imagined him as a leader, and here is that where that debate stuff then. occluding himself so where, giving us something to president obama, that change the way it is

very dramatic. megyn: would he think is happening on the numbers here? is it one of the other? what is the total picture? >> it's a good way to think about it in thirds. in the middle there is the governing third come on people are going to vote republican and the other people are going to vote democratic or the truth is that they are looking for the total package. since they feel the urgency, foreign and domestic, the debt in libya and afghanistan and all those of those things, rising prices is no small factor.

these people are looking for total package leadership, and that is mitt romney had not crossed the threshold before. and now he has. megyn: i want to get to last nights debate. we talked about it in advance and now we have seen it. there are vastly disparate headlines and media today. even the mainstream media, commenting on the vice presidents aspects and repeated, almost incessant laughing and smiling in response to points that were being made by paul ryan, in case you missed it, here's a sample. >> thank heavens we have the sanctions in place. it is in spite of their opposition. [laughter] >> they have given 20 waivers to this sanction, and all i have to point to are the results. on two occasions we advocated for constituents who are applying for grants. that's what we do. we do that for all constituents. >> i love that, i love that. [laughter] >> that 6400-dollar number was

misleading. this plan is bipartisan. it has been discredited by six other studies and even their campaign manager acknowledged it wasn't correct. [laughter] >> i know you're under a lot of stress to make that statement. [laughter] >> but i think people would be better served if we don't keep interrupting each other. megyn: you say in your "power play" piece that the president came across as rude. >> he did. the laughter was mirthless. he seemed angry and mikey had no use, would not hear out his contender. but for a sitting vice president of the united states, to act as though he holds a younger

challenger in total contempt, you have to wonder for voters in their 20s and 30s who had ever been treated like that by somebody older than him, how it made them feel to see paul ryan be jeered at by an incumbent vice president of the united states. i know that the vice president was trying to show that he was tough and would attack, but his countenance did not match up with the moment. megyn: i think you've hit on an interesting point. having anchored this broadcast for several years, the things that affects viewers more than anything else is one to two participants talk over each other. they don't like the debates, they like a fiery debate and a robust back and forth, but they get upset when one person won't let the other person speak. we saw mitt romney very aggressive with president obama last week. you know, trying to have the last word and make a final point. and it didn't seem to me that he disabled barack obama's ability to be heard. did we see something different last night? >> very much so.

mitt romney's best moments in that debate came when he talked about patriotic grace. when he talked about bipartisanship, his ability to work with democrats, how patriotism should leaven our understanding of politics so that we can get things done. it was lyrical and lovely. especially for someone who doesn't excel it back like mitt romney. that is what people want. they want to see people working again and leadership that allows that to happen. what joe biden was saying, was very much what we heard over the debate of the stimulus when obama came into office, and over his 2010 health law. we won, elections have consequences, you lose, you are repudiated. that is not what voters want to hear. they want to hear the patriotic grades. megyn: one viewer wrote to us and said the old man tried to push around a kid and the kid

tried to stand his ground. was it just a spirited politician? forcefully advocating for his position? peter johnson junior will be here momentarily. we will be asking him about that and we will play more from the vice presidential debate see you can make up your mind on where we stand. one of the hottest topics last night was iran's nuclear program. trading jabs over how to prevent iran from becoming a nuclear power. >> they see us saying, when they are sworn in, we need more space for their ally, israel. they see president obama and new york city the same day benjamin netanyahu, instead of meeting with them, he goes on a daily talk show. >> leland vittert is live with reaction. >> megyn, this is the first time that such a topic has played a

part in presidential elections in modern history. the presidents office would not comment on or off duty cut today. great annoyance was shown with the president of the united states and the president not allowing media to take place between benjamin netanyahu and the president. we saw the president having to defend his administration and keeping up with his friendship with israel. >> the president has met with a me maybe a dozen times. he has spoken to benjamin netanyahu as much as he had spoken to anybody. ink theel has no qualms over the administration is doing enough about iran's nuclear program. they think that the sanctions, which the president of the united states wants to give him more time, is not enough, and that is the point that prime

minister netanyahu made when he famously threw the red line on that diagram of a bomb. privately, however, a number of people are questioning the u.s. resolve, if ever it would come push to shove, and take a strike against iran and the nuclear program. the prime minister here in israel has not ever publicly endorsed either candidate in an election. but they have made it very clear privately that they think president romney would be much more favorable towards israel than a second term president, president obama. megyn: leland vittert, thank you. one of israel's fiercest competitors said it was responsible for the drone that was shot down near the is really nuclear sites last weekend. we will have an update on that. and as lance armstrong bernie made up of professional sports? as more details leak out as to what we are told was an elaborate cheating scandal, the scope of this story boggles the

mind and fox news sunday, chris wallace, says this was a most disrespectful display between disrespectful display between candidates. at up! three new jammin jerk chicken soup has tasty pieces of chicken with rice and beans. you know the giants don't have a mascot right mom? [ male announcer ] campbell's chunky soup. it fills you up right. throughout our lives. one a day women's 50+ is a complete multivitamin designed for women's health concerns as we age. it has more of 7 antioxidants to support cell health. one a day 50+.

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with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. >> and i have watched almost every presidential and vice presidential debate since the first four kennedy nixon debates in 1960. thinking back over the last few minutes, i don't believe that i have ever seen a debate with one participant was is openly disrespectful of the other as biden was to paul ryan tonight. and that's what it was. the smirks and the smiles on the

headshaking, it was openly contemptuous and disrespectful. megyn: that was chris wallace. editor of fox news sunday. getting some attention with his comments last night about vice president joe biden. chris wallace should know because he has seen just about every vice presidential debate over the last five decades. do you agree? peter johnson junior sees a tactic in the vice president's approach. >> the tactic was to provide energy and excitement to a failing campaign in many respects. the debate that obama had 10 days ago, it was devastating to the campaign. so instead, we have this episodic smiling, laughing, smirking, contempt, as chris wallace was saying, and it became almost a pathology. it became more than a strategy. it became almost obsessive

behavior. this kind of compulsive behavior that we could not control. he could not control himself. speaking to people, they said i really couldn't watch parts of it because i was trying to listen to congressman ryan, and i would show him on the split screen, and it showed that he was having an absolute meltdown. there was a lot of it was offensive. frankly when you talk about iran and the risk of nuclear war, when you talk about libya and the death of four great americans, you see the vice president openly laughing. an aggressive and scornful way. it is disconcerting and even maybe alarming. i think he started off with a strategy that he wanted to be getting in and out of boy when he returned to the white house. you are great, you helped us, but i think it fell apart.

it's more than disrespect and rudeness. it comes down to temperament. it comes down to running for office. megyn: you can be disrespectful, i guess, but you have to be respectful of the audience. that is where you can get into the danger, on your point about smiling, when we are talking about things like a wrongdoing in nuclear bomb and wiping israel off the face of the map, even tom brokaw, he said this on msnbc this morning. >> i just don't think that he should be laughing during a discussion about thermal nuclear war with iran. it's a very serious issue. however amuse you are, it is about tone. megyn: as you can see, the host disagreed with him. >> you need to act appropriately under appropriate conditions.

you can disagree with a witness you can disagree with someone on the city council. but when you're sitting in front of millions of americans and you are discussing serious issues, it is not about you. and it's not about your ego. it's about a message. the message is scorned, disrespect, hatred or contempt, or their positions. that's an important signal to you. they say, well, here is a guy, if we need to compromise in this country, and i think we doing a lot of issues, he's not going to force it. megyn: the thing is you can go after a witness in the a courtroom, but they have to earn it, otherwise you risk alienating the jury. the same seems to be true in a debate. you can go after your opponents hard. but you better not be contemptuous unless you have assurances that the audience feels the same way about the

person. >> you are absolutely right. in doing it, people understand that these gaffes that he had committed, they're not just gaffes. megyn: but a lot of them have been lovable. you know, that is forgivable. >> that's real life, but when he says they're trying to put you back in change, is that laughable or forgivable? megyn: he has made comments like that. what you think unfavorability last night? >> favorability, i think that he went down. this is taking them back to a period that really doesn't exist. perhaps he is watching two episodes of boss on television, perhaps he believes this is a way a vice president should act. more than embarrassing himself

and nothing political about it, he embarrassed the office of the presidency and vice presidency of the united states. i talked about it this morning. you can't become a cartoon character, you can become a movie character. he should not be channeling doctor evil in his laughing. he should have been serious about it. americans are going to make a decision based upon the issues and how they are feeling. but they shouldn't be making it based upon what we saw. unfortunately, we are going to be making that decision based upon what we have seen, that we have the judgment and temperament to step into the presidency at a hard time. this is a tense moment, but there were more tense moments as a president and vice president. megyn: team obama says he is a happy warrior. citigroup should have some of

the most recent security systems out there, right? what does it mean that these companies were recently breached? plus, this zumba instructor and the details on her alleged prostitution ring coming up look at those toys. insurance must be expensive.

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megyn: that if such incredible tape. it and 9/11 marked two prime examples as to how this country

was caught off guard by an enemy attack. today, leon panetta is warning of what he calls a similar threat. we reported in recent days how hackers are suspected of targeting a whole series of some of america's biggest things and secretary panetta says the united states is increasingly vulnerable to the foreign hackers. jennifer goodman has more live from the pentagon. >> secretary panetta believes that we are in a pre-9/11 moment. his warning and his message last night, appeared to be for iran. >> potential aggressors should be aware that the united states has the capacity to locate them and to hold them accountable for their actions that may try to harm america. >> secretary panetta is the first u.s. official to confirm to recent attacks.

there was a virus that wiped out 30,000 files on computers with an icon of a burning american flag. >> iran has also taken the ability to use cyberspace to its advantage to current officials tell us that the recent attack on bank of america was a response from iran to recent sanctions against its oil industry. he also referenced a cyberattack that struck the saudia arabia state oil company. they believe to have emanated from iran. the pentagon spent $3 billion a year on cybersecurity, but it went a step further, suggesting that the pentagon would not

necessarily wait to be attacked, that it had offensive weapons in place. this speech was to put america's enemies on notice. >> the battle today takes place on very different fronts. megyn: some possible good news on the 14-year-old pakistani girl. she was shot by the taliban for defying an order that bans women from attending school. plus, president's deputy campaign manager blaming some of the fallout over libya and how the administration has handled it on the campaign trail politics. the idea sparking major outrage. her comments and our panel. we will have a fair and balanced debate coming up next. >> are you suggesting that we are playing politics with this? >> i'm not suggesting anything. [talking over each other] >> this is the entire reason >> this is the entire reason this has become a political topic constipation, diarrhea, gas, bloating? yeah.

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megyn: fox news alert. developments concerning libya. within just the last hour, the white house challenged jay carney on remarks from the press conference last night that made news. the exchanges got pretty heated. we will have those for you shortly. a live report from ed henry. in the meantime, there is questions about recent comments from the obama campaign

involving the terrorist attacks on the u.s. consulate in libya. obama for america deputy campaign manager, stephanie cutter, going on cnn, suggesting that the recent focus in this country on libya in the murder of four americans is being driven entirely by campaign trail politics. >> you know, in terms of the politicization of this, we are here at a debate and i hope we get to talk about the debate. but the entire reason that this has become the political topic that it is is because of mitt romney and paul ryan. it is a big part of their stump speech. it is reckless and irresponsible. megyn: some liberal commentators slammed that remark. remember, ports, four americans were killed in an attack, including chris stevens, even some top senate democrats have insisted on more information being provided to our lawmakers on the security that was in

place and ambassador was the first to be killed and more than 30 years. last night, after stephanie cutter gave that interview, our own bret baier gave questions out. >> are you suggesting that we are playing politics with this? because four people are dead. >> absolutely. this administration, let me just get this out. this administration has treated this entire tragedy with the utmost seriousness to get to the bottom of the attack, hold the perpetrators accountable and make sure that it never happens again. that is why we are being responsible. megyn: joining me now is alan colmes. he is host of the alan colmes radio show. and mike gallagher is a fox news contributor and author of 50

things liberals love to hate. this has managed to set things up fire. now, some are saying that she needs to resign because she apparently doesn't get that four americans were assassinated and that is why people are upset, not because of mitt romney in the view of these conservative bloggers. >> well, i think that stephanie cutter is borrowing a page from the joe biden playbook. the best defense is a good offense. i was very telling in the clip that you made from cnn where she said you are asking me about libya, but i hope we can talk about the debate because we're here for the debate. she wants to have a conversation about anything but libya. what we have here is a full-scale foreign policy crisis for the of rocco

barack obama administration. the death of our own ambassador under barack obama's watch. the way the obama camp administration lied about this, if you argue and yell at you demonize bret baier nec bret baier, are you saying that we are politicizing this, we are saying we want transparency, the families including our ambassador are screaming for justice and truth and they are not getting it from the obama administration. from a political standpoint, i cannot wait to hear how governor romney approaches this. [talking over each other] megyn: let me get to my next point. jim crawford greenberg, she tweeted that romney rarely mentions libya on the campaign

trail. and you even have folks, as brent was mentioning, benghazi might be an issue because four americans were murdered by militants. you know, can this be blamed on mitt romney? >> romney gets blamed from politicizing it from day one. when he actually said people were misstating what was going on, he is another person who immediately, even before we heard about the death of the ambassador and other people's deaths, which have been reported, say it was the fault of the administration for sympathizing with those who committed the atrocities. megyn: what he actually did is criticize the statement by her embassy in cairo that says, that we need to respect the religious feelings of muslims, and he did not like that position. then we later found out that the white house did not like that

position either. they said that that does not be for us. >> that particular point. yes. but he also blamed the administration and with our people and benghazi and in cairo megyn: what do you make of my initial question, alan? >> but that is not what stephanie cutter said. she said it was the number one political topic. had she not said political, i would agree with you. but she said the number one political topic, meaning this has been politicized and is part of the political football being thrown back and forth. it's not the number one topic, but it's the number one political topic. the word political modifies it. >> she said the entire reason this has become the political topic that it is is because of mitt romney and paul ryan. is that true? would this be a political topic

for them? >> no, because anything could be arguably a political topic a few weeks before the general election. this is a bunch of malarkey to try to suggest that mitt romney has turned this into a politicized debate, it's not political. what's political about the u.s. ambassador being killed by terrorists on 9/11. >> by the way, there were nine attacks at embassies after 9/11. i didn't hear a word from anybody on the left, blaming the bush administration for all the attacks that took place. >> excuse me, alan, let me finish. your approach is to say that when the president and the state department blamed a stupid youtube video is the reason for the assassination of our ambassador on american soil, but somehow, to point that outcome as out, as governor romney did is a political maneuver?

is that what you think. >> it is certainly political to jump into the fray before all the administration is in. and blame them for sympathizing with the people who attacked them. if that is such an outrageous comment by mitt romney, he showed himself not adept enough to be somebody handling foreign policy. megyn: if you want to see the full exchange, it is posted on our website, fox news.com. new details today is leaking about what we were told was an elaborate cheating plan. led by lance armstrong. with everyone from doctors to trainers to teammates, to his wife allegedly involved. the question is this man, of who we have all come to think so much of, this charitable man, this athletic hero, is he an entirely made-up broad? >> dr. keith ablow is your next [ male announcer ] how do you make america's favorite recipes?

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megyn: we are getting a new detailed report today about lance armstrong. it is about he allegedly used the cicatrix enhances performance and poll the wool over the eyes of the public for years. and he supposedly did not do it alone. doping investigators say that armstrong's cheating was known to everyone around him, from his then wife, to his teammates and doctors. leading to the question, is this man murdered so much by so many, and the legacy he has built, is he a huge fraud? dr. keith ablow, a member of our fox news medical "a-team". i do not follow biking or sports in general, but i think everybody knows who lance armstrong is. we felt inspired by his tale of beating testicular cancer and the spread to his brain, he

turned it around to win seven tour de france titles. now we find out, according to 12 teammates, 26 witnesses, and these international doping investigators, that he is a cheat and a liar and a fraud. all of which he denied. what are your thoughts? >> well, it is strange -- the imagination to believe that all of these people have a bone to pick with lance armstrong and lying to authorities and a great girl to themselves, just to pay him back for some perceived slight. so let's assume that he has been lying. and that he has been using performance-enhancing techniques. in order to win these metals. that means psychologically some things. and not others. it means that he must have pretty low self-esteem to want to lie and cheat and scam in order to get these victories in order to win the adulation of others. what it doesn't mean is that it

is completely and utterly fraudulent. not everyone would start a charity. inspiring millions of people to beat their illnesses and help out cancer victims. there is some truth to lance armstrong. a guy capable of doing that, felt that he had to do this cheating -- you know, friend a friend of mine once said that god uses everyone. even the bad parts of people. maybe lance armstrong's narcissism and low self-esteem fueled his victories and also fueled the charity. i'm not sure we would throw one out with the other. megyn: this report talks just about not only enhancing his performance with drugs, but actually having his blood changed and put back in his veins. they talk about steroid use, you name it. it was pretty widespread. they say that his wife was

helping him at the time and he was pressuring his teammates to do the same and that he was literally hiding inside the house to avoid drug testing. it is an elaborate scheme that went on for years. it wasn't just a one-time use of the stuff, according to these repowe are now? a win at all costs mentality? even someone like this who faced death in one? >> yes, he won. here is what i would say, for a guy that wants to be that strong, please tell me that the times that he felt the most vulnerable in your life -- that fuel was fueled by your deep-seated thoughts that you are not a winner.

now i do think it is open to question and the rest of these drugs that are prescribed in which athletes use from doctors. what the difference is. what the differences between some of those and some of these techniques. because i think it is all muddled up, and i'm not sure what should be ruled out in what should not be. >> there is no question that he did this. he is a cheat and he has cheated and they rightfully withdrew those tour de france titles. my question for you is, with all respect to his charity work, $470 million that he has managed to donate towards the fight against cancer is huge. it's one of the top 10 charities. but with all the respect to that, if it is all based on cheating and lying and fraud, you know, fraud. is it tainted somehow? if you found out that bernie made up donated $500 million to charity, of his own money,

connected to somebody who just lied and lied to the american public for so long -- is it tainted? >> it is tainted. you're really onto something, megyn. the truth is very powerful and always wins. even for those people, and it's a terrible thing, but for those people whose recovery have hinged on being a little bit like lance armstrong, wearing the yellow braces and bracelets, you know, the yellow bracelet is now a joke. who would wear that now? megyn: with the words live strong. modifying your own blood, which is actually potentially dangerous to you, according to the reports, then injecting yourself with saline so you

wouldn't get caught -- having all sorts of consequences, live strong? really? >> anywhere that money went that it did good, it is inextricably in the treatment of cancer, that's wonderful. but for those folks, and there were a lot of folks that felt allied with lance armstrong, they are hurting. the only way is to say that i got lost. i was traveling those paths on the tour de france again and again, but that didn't matter. in life i have gotten lots. and i'm going to help people live the truth now. not live strong, but in order to live strong, you have to live the truth. he can reclaim this, but it's going to be a longer race than the tour de france. megyn: he could be such an example again if he were to come clean. you know, we don't know for sure

whether he did it, but the evidence, i can say is an attorney, is pretty overwhelming. if he were to say i did it, this is why i did it, and i now want to tell little boys and little girls out there that this isn't the way, this -- he has this other charity, athletes for hope. he tries to educate and inspire and empower them to make a difference. what an opportunity this crisis poses for him. >> it is an opportunity. and i'm sure it is a fear inspiring opportunity for him. he must think about in a couple moments, if you did do these terrible things, and he must say, wait, that would expose all my born abilities. and i would be seen to be a fraud. yes, but the truth is right around the corner. you just tell us what made you so scared to lose. from your early life experience. that you did this and you are on your way already. you know, let kids come forward that were bullied. talk about overuse of another time. he could be a very powerful spokesperson for that kind of

movement. megyn: dr. keith ablow, thank you very much for being here. >> all right, megyn, take your. megyn: a small-town scandal is getting attention after a popular exercise class is exposed as a possible prostitution ring. here is looking at you, kid, a giant eyeball washes up on a florida beach. we have the latest ahead

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megyn: lots of things washed up on florida beaches, but this one is quite a sight. the softball sized i've always found and pompano beach. florida fish and wildlife is investigating. they think that it belongs to a giant squid or swordfish.

it was still bloody when they found it. small town in maine. the center of national attention after an exercise instructor is accused of doing a lot more than exercising her studio. 29-year-old alexis wright is accused of running a prostitution ring out of her fitness center. the zumba lady was really a matter. and now whether or not her client list will be released to the public. >> as we speak, there is still 150 men in kennebunkport maine that were very nervous because they were about to be outed because a judge has already ruled that that list of the clients of that woman, it can be made public. defense attorneys are trying to get it stopped. saying it will destroy

reputations. it includes tv personalities, doctors, lawyers, businessmen who paid up to $1500 to have sex with a alexis wright and were secretly videotaped in the process, many dates posted on the internet. alexis wright ran a zumba studio, but a neighbor noticed that men kept coming in without workout clothes. there were noises, and then the police made the bust. she is charged with tax evasion in more than 100 counts of prostitution. when this comes out, kennebunkport, maine, will never be the same. megyn: whether this was just another one. i can speak because i was both a lawyer and then exercise

instructor. [laughter] this is what happens when you get five hours of sleep. that stuff gets said. ed henry and the west wing drama coming up next. plus, it may be the most compelling thing you see all day. a touchdown. [ female announcer ] the best things in life are the real things. nature valley trail mix bars are made with real ingredients you can see. like whole roaed nuts, chewy granola, and real fruit. nature valley trail mix bars. 100% natural. 100% delicious.

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in the only medicare supplement insurance plans endorsed by aarp... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. megyn: evenings running high at today's white house press briefing and reporters push for more information on libya and security failures that appear to have led to the death of four americans. i'm megyn kelly. the libya investigation took a new twimpt when the moderator

asked the vice president why our consulate did not get more security after requests had been made. this was his answer. >> we weren't told they wanted more security, and we did not know they wanted more security. by the way, at the time we were told exactly -- we said exactly what the intelligence community told us that they knew. that was the assessment. as the intelligence community changed their view we made it clear they changed their view. megyn: so we followed up this morning. ed henry pressed jay carney asking ifed the vice president what is suggesting that base and the president were not specifically briefed on the security requests that somehow the administration wasn't aware. keep in mind, we had testimony wednesday from state department officials that indeed there had been several requests for more security and those requests were denied. chief white house correspondent

ed henry is here to take us through what happened at the white house press briefing this morning. is that the distinct they were trying to draw? >> i tried to fin jay carney down on whether he's saying with absolute certainty that the president and vice president were never briefed in recent weeks or months about the security problems around the consulate in benghazi. but as we know now it had been targeted several times. the am bass deern others had been asking for more security, they were concerned about it. jay carney hernlgd on whether they were ever briefed. he said they never got any actionable intelligence about an impending terror attack at that consulate. that leaves the door open to other briefings about security issues there. i pressed jay on that point. does this mean that the president and vice president are sort of passing things over to the state department? take a listen.

>> reporter: you say on libiate buck stops with the state department on security? it doesn't stop at the white house? >> that's an inartful made for television phrasing. but the fact of the matter is. >> you are saying the president don't make those assessments is what you say. >> there are thousands of diplomatic personnel around the world and countless facilities around the world. i'm saying when it comes to the number of personnel who are in place at consulates and embassies and other diplomatic facility around the world, those decisions are appropriately made at the state department by security personnel. when it comes to funding, yes, this president fights to make sure that embassy security and diplomatic security is adequately funded. make sure that that funding is restored when efforts on capitol hill are made, principally by

house republicans including congressman ryan to slash it to cut taxes for the wealthiest 2% in this country. you bet that's the president's responsibility. >> reporter: you hear jay denying they are passing the buck to the state department. but they are trying to shift some of the heat over to paul ryan and say the was republican budget cuts that perhaps had something to do with all of this, not directly by was saying that's their priorities on the republican side. the fact is at that h two days ago. republican congressman dana rohrbacher asked one of the state department officials did budget cuts have any role in leading to this tragedy and the state department official testified underoath that budget cuts had nothing do with it. jay carney also repeat sod of the things we heard from tef any cutter in that interview with bret baier in "special report" suggesting the only reason this has gone the attention is because of politician.

jay carney accusing mitt romney and paul ryan of politicizing this issue. mitt romney did go after the administration on this based upon what the vice president said he says it seems to contradict what the state department testified to a couple days ago. mitt romney saying he wants answers on this. meg even if we accept the president and vice president were never told they needed more security. what insulation does it provide for the president when it's clear the state department was told. is there a distinction without a difference? >> reporter: the state department is doing its own review. the fbi is doing a criminal investigation as to not just who perpetrated the murders of these four americans, but also what went wrong when state department officials ignored warnings or not. so all of that will come out eventually. we'll see if it come out before or after the election. megyn: we'll have much more on this coming up in a bit. the vice president went a step further about libya and put the

blame squarely on the shoulders of the intelligence community for the susan rice sunday talk show our where they blamed the assassinations on a video which we know is not true. he answered for the first time where they allegedly got that information and he put that on the intel community. ralph peters will explain why he says that claim directly contradicts the way america's intel community works. when the vice presidential debate was over there was nothing but praise for the vice president's performance beginning with president obama himself. >> i thought joe biden was terrific. i thought he made a strong case, and i really think that his passion for making sure that the economy grows for the middle class came through. so i'm proud of him. >> i thought the vice president looked very comfortable. i think he knew the person he

was up against is an immature young man who is not ready for this job and i think paul ryan showed that by not having the facts and not having the details and not being comfortable on that stage. megyn: republicans see things differently. john sununu is a romney campaign surrogate. governor welcome back to the program. you heard the praise by the president and on the are other democrats of the vice president's performance. the cbs news poll says 51% biden won the debate and 31% ryan won the debate. your thoughts. >> the cnn poll had it the other way. i want to go back to this benghazi issue which i think is more than analyzing the style points of this debate. what this white house is doing in trying to throat intelligence

communities under the bus is atrocious. both the state department, telephone possible conference and the testimony in congress makes it clear that the intelligence community was right on this right from the start. it's the kind of intelligence discussion that takes place when a president is briefed and goes through that briefing processn in bern the cia. this president chose to skip almost 60% of that give and take in the cia briefings. that part of his problem. but the second thing that was atrocious yesterday was joe biden trying to claim that there was a problem of funding. when they had not only the terrible part of this is that they had denied investing in additional security for the ambassador in libya but spent $150,000 for a new select charging system for electric cars in austria.

it shows you where this white house's priorities are in this process. megyn: let me challenge you on that. the decision to blame the intelligence community that we saw from the vice president last night doesn't necessarily mean it's not the intelligence community's fault. so whether they did that -- whether that was a smart political move or not -- reason i say that is top republicans came out of a top intel briefing the week after eight happened and said they had been giving a briefing by general david petraeus that put the blame in part on the video. sow it could be they got that information from the cia. >> but the state department in its telephone press conference said they on the basis of intelligence drew the conclusion in the first day that it was a terrorist attack. and secondly, the information that was given to that intel community included the fact that

the most likely thing that might have been a possibility of, but the most likely thing was it was a terrorist attack. megyn: you have got some intel sources telling fox news that they night was terror within the first 24 hours. but you also have republicans saying the cia briefing from petraeus suggested the video was to blame. it looks like on the surface without knowing more, this is still fluid, some intel sources said it was terror, that was clear, but you have got the top guy giving a briefing reportedly to congress that may have contradicted that. is it not possible the administration believed the top guy got out ahead of his skis? >> if that had come out in testimony yesterday, sworn testimony before congress, there might have been something to hang your hat on. none of that was any part of the sworn testimony yesterday before

congress. and secondly, the state department was rather adamant that in that telephone briefing, that at no time were they pushing that message. megyn: i want to shift gears. we are going to talk to this with ralph peters. i want to speak with you about the debate last night. even though joe biden took a lot of criticism for his repeated laughter and inappropriate laughter and smiles. many people even republicans, some, thought he got the better of paul ryan when it came to the substance. that he got the last word in, he left nothing unsaid, unlike the president he went after ryan on every point. the 47%, you name it, and thought that ryan did not do as well. >> i thought two things. i thought paul ryan's demeanor was exactly wait had to be last night. it's his first debate on the

national stage. bind has gone through dozens of these in his campaigns before. i thought paul ryan's demeanor was excellent and i thought the fact that he was very precise with the information he put out and very accurate was extremely important, setting the stage for the next two presidential debates. the bind was wrong on benghazi, biden was wrong on the 1716 billion they took from -- the $716 billion they took from medicare. i think bind has left the president vulnerable on substance to be responded to in the next debate. paul ryan set the table factually for governor romney to continue the rout of the president in the next debate. megyn: governor john sununu. always great getting your perspective. megyn: fox news is your home for the next presidential debate. join bret baier and me tuesday

october 16, 8:55 eastern from hofstra university. the format is a town hall meeting in which undecided voters will ask questions of the two nominees. we'll be there live to cover it for you. there are new suggestions the president's reelection campaign may have put some extra points on the polling board by working the refs at one of the nation's biggest polling gallup. question? anyone have occasional constipation, diarrhea, gas, bloating? yeah. one phillips' colon health probiotic cap each day helps defend against these digestive issues with three strains of good bacteria. approved! [ female announcer ] live the regular life. phillips'.

megyn: a big development today with gallup polling. a suggestion that the president's reelection campaign may be working the refs at one of the nation's biggest polling outlets. the gallup poll had been showing competitive race in its daily tracking poll when other firms had the president first ahead. this sparked criticism from the left including from the senior adviser to the obama campaign david axlerod. now we are finding out with weeks to go before election day

guam has changed its polling methods in the ways they were being pushed to do so by mr. axlerod. tucker carlson is editor of the "daily caller" and fox news contributor. they are going to include instead of 40% cell phones and 60% lands lines. they are going to go 50-50. that's what axlerod wanted. when he initially didn't get it from guam, guam said they felt threatened by axlerod. so one employee came out to you guys, to "the daily caller" and said they thought it was godfather tactics being used against them the quote was imagine axlerod coming over in brando's voice, would i like to you come over and explain your they moddology. you have got a nice poll there, shame if anything happened to it. is that what happened? >> we don't know.

we got internal e-mails between gallup employees when axlerod sent this tweet criticizing their methodology. they were intimidated. guam does polling for the government and guam has been sued about it justice department for overbilling. there are pressure points you could exert on gallup if you were the government. i'm not saying that is what happened. i'm saying this is a big deal because the gallup nightly tracking poll is the same question over a long period of time and its value is looking at it over a long period of time. if you tamper with the methodology two weeks before an election you can't look at it longitudinally any more. you take a lot of value of that poll away. megyn: is it realistic to think an organization like gallup would compromise its reputation because it was pressured?

>> i find that hard to believe. the fact of the matter is axlerod is a non-elective pressuring him. he is removed from the federal government in a sense. the idea he could bully an organization like gallup that would compromise their integrity as a polling organization i find odd. polling or institutions constantly change their methodology. pew changed their methodologies as well to accommodate the changing trends in the population. the fact of the matter is the majority of the population is moving towards just having cell phones, not having land lines. this allows them to gather better data and they shorten their questions. so they will have better data. the fact of the matter is if you look at a week ago, republicans were quick to own all the pew data and the fact that romney was leading in the polls. the fact that it's not trending towards them now seems odd. megyn: the questions were raised because they chaingsd it so

close teen election day, tucker. >> the cell phone change is not the only change that was made. the key change is in the sample, who gets the calls. they increased the size of the non-white sample in their sample set. megyn: that's one of the things axlerod wanted them to do. >> that's the key here. i have no knowledge that gallup is doing anything wrong or doing it because of pressure the federal government or the obama campaign. i'm merely noting this is a big deal. it has had a measurable change on the poll outcome on the band wagon effect is real. if people look at the polls and think somebody is going to win, if it's clear that person is leading, that person tends to get more support because he is leading. this is not a small thing. >> i would say we are talking about fractions and 1%, 2%. these aren't big massive jumps. truly the methodologies are important because what we are

seeing and the changes in pew as well as gallup is to represent the census more. while they might trend more democratic because they are acknowledging the minority groups that exist in the country it makes them more accurate. megyn: we have a hard break. we'll be right back. okay. this what is happens. this is what happens on live tv. we have a minute. finish your point, marjorie. >> i was going to tell tucker we should get our tinfoil hats and geek out in the basement over the methodology figures. i love this stuff. >> no tinfoil hat for me. megyn: major developments next on a story we are following in pakistan where a 14-year-old girl was shot on her way to school for being brave now stand up to the taliban. meet jack mcgraw.

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megyn: a horrifying story we have been following out of pakistan. a 14-year-old girl this satisfactory condition after being shot by an assassin earlier this week. the reason? she resisted a taliban order banning womb friend attending school. >> reporter: the taliban commanders so hate this 14-year-old girl that despite a

tribal code that forbids them from killing women, they admitted to killing her and detailed her attempted assassination. after the taliban shut down all the girls' schools in 2009, this girl started writing a blog for the bbc under a pen name. she was campaigning for girls' education. it brought her death threats for the taliban. the taliban would often drop bodies near her home to intimidate her. they said she were forced when she refused to stop speaking against us. the assassins followed her to school, they checked out they are security and stopped her school bus. yelled out her name and and fire hitting her in the head and neck

and hitting two of her classmates. she is in satisfactory condition and she is expected to live. this has caused a fury in pakistan. world leaders are coming to her side and people in her own country are speaking out. >> malala can be anybody's child. this won't stop at one person. this thing will be to all sides stand up to it and say no we have had enough. >> reporter: president obama is among the world leaders who spoke out on behalf of this 14-year-old girl. the question is when she gets out of the hospital which she is expected to, can they protected her? there is still a bounty on her head as well as her entire family for advocating that girls go to school in pakistan. megyn: unbelievable. it gives you a moment to appreciate where we live and the values we stand for here and hope others can see the light on that.

growing legal questions for the parents of a young girl who found herself at the center of a political scandal, more after journal'ism scandal over her photo with governor mitt romney. what kind of action can a family take if their child is in a photo that shows something embarrassing and inaccurate. the vice president take serious heat after he blames the intelligence community for not sending in more security to the consulate and libya, and for -- plus, new questions ahead of about there bidens strange laugh and constant grinning in last night's debate. we are back in three minutes.

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call today. remember, medicare supplement insurance helps cover some of what medicare doesn't pay -- expenses that could really add up. these kinds of plans could save you up to thousands in out-of-pocket costs... you'll be able choose any doctor who accepts medicare patients. and you never need referrals. so don't wait. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. this easy-to-understand guide will answer some of your questions, and help you find the aarp medicare supplement plan that's right for you. megyn: new fallout on the new questions regarding libya after vice president biden last night was speaking about the issue and

specifically when he was asked about the security in libya ahead of the terror attack that killed four americans on 9/11 this year, listen. >> we weren't told they wanted more security and we did not know they wanted more security. by the way. at the time we were told exactly -- we said exactly what the intelligence community told us that they knew. that was the assessment. as the intelligence community changed their view we made it clear they changed their view. megyn: he's saying the reason they came out and told us all that this is about a video is because this waits intel community told them. and he's saying as for the increased demands for zpriewrt our ambassador he says we weren't told. so fox news fowmed on that an hour ago ed henry pressed the white house press spokesperson jay carney asking if vice

president bind was suggesting base and the president may not have been specifically briefed on the many requested for increased security that we know were made that some how it' the position about it administration that they are not responsible for that refusal to grant the extra security? here is that exchange. >> basically the buck stops with the state department? it doesn't stop with the white house? >> that's made for television phrasing. >> basically he doesn't make those assessments is that what you are saying? >> there are thousands of diplomatic personnel around the world. countless facilities around the world. i'm saying when it come to the number of personnel who are in place at consulates and embassies and other diplomatic facility around the world, those decisions are appropriately made at the state department by

security personnel. when it comes to funding, yes, this president fights to make sure that embassy security and diplomatic security is adequately funded. make sure that that funding is restored when efforts on capitol hill are made, principally by house republicans including congressman ryan to slash it in order to cut taxes for the wealthiest 2% in the country. you bet that's the president's responsibility. megyn: the testimony by the state department was the refusal to grant additional security in libya had nothing to do with funding. joining me now is lieutenant colonel ralph peters. i want to ask you, ralph. last night the vice president was asked about the demands for security that were made by our ambassador on three others who were killed in libya and benghazi. they requested for more security

and those requests were denied and security had been diminished. so martha rad it was trying to ask about that. that is directly contradictory to what the state department testified to wednesday. now today the white house comes out and tries to say he was talking about his accept and the president. they weren't aware. -- he was talking about himself and the president. they weren't aware. do it matter at all? is that a distinction without a difference? >> certainly it matters. are they saying the state department was hiding key information from them? jay carney has all the integrity of a telemarketer without the charm. joe biden is our vice president. last night when i heard him blame the intelligence

community, intelligence failures, megyn, when a presidential administration. megyn: let me stop you, ralph. it's two points so i want to make sure everybody is with us. there is two parts of what he said. intel people told us about a video. but i want to stay on this first thing. he's trying to say according to the white house we didn't know, the president and i didn't know that these folks at the consulate were asking for more security. does that matter? or is the president and the vice president, are they responsible for the acts of their state department in denying those repeated requests which when know were made? >> the president is commander-in-chief and in the military the president is responsible for everything his subordinates do or don't do. it matters because clearly they weren't curious about libya. i would like to know how many of the daily intelligence briefings

the president and vice president got. weren't they curious? jay carney is lying about we have thousands of security situations and personnel around the world. libya i think we can agree was a special case. this is a situation where even if the white house is correct, they didn't know the facts. then shouldn't they have shut up until they got the facts? instead they lept out with categorical statement that this was about the video. megyn: now we are on to point two where the attack takes place, and we are told about it administration repeatedly in the days that follow that this all about a video. people were upset about this video that made fun of the fro prophet mohammad. susan rice went on the talk shows and we know that's not true. the vice president said that's what we were told. she said by who? who told you that? he said we said what the

intelligence community told us. why is that not plausible? >> because it's not true. there was an extensive report in august warning about the security conditions in libya. also i have heard from several folks and it's common sense that experienced intelligence personnel recognized immediately this had to be a planned coordinated attack. the state department testimony on the hill. we heard from miss lamb that she was watching -- megyn: she is a state department person. they seem to be drawing a distinct between intel and the state department. the state department said those reports about this being about a

video did not come from us. the state department is saying we said terror, but there seem to be other reports including republicans who came out after meeting with general petraeus who heads up the cia who said there have been suggestions by the cia that this was about a video. this was in the early days. >> well, i suspect somebody high up in the intelligence communities might have agreed to take a bullet for the team. there are ambitious people in the intelligence communities as well. it is beyond belief that the intelligence community didn't recognize what this was. when a presidential administration is up against the wall, when they screwed up badly in security or foreign policy you cry out intelligence failure. if patriotism is the refuge of the scoundrel, cries of

intelligence failure is the last refuge of an embarrassed politician. megyn: we know from our own sources that intel sources knew within 24 hours this is terror. yet there is a conflicting report about what general david petraeus said to them. is it possible there is a is connect between the top brass in the intel community and the guys with boots on the ground and what would account for that disparity? politics? >> politics. there has often been a disconnect between the people who know what is going on and at ambitious people at the top who want to further their careers. i don't want to call individual name out on this. but when intelligence briefings are given on the hill, someone could have said, there is this theory and this theory and this theory. intel community says it could have been related to the video.

the bottom line is this is the intelligence committee knew, state knew, the white house refused to know. there they refused to know and they are still ret fusing. at this point i haven't heard anybody in administration actually use the name al qaeda. because al qaeda is suppose to be gone. it's van quished, it's dead. the president strangled it with his bare hands. al qaeda is back and it killed our ambassador. megyn: taking your thoughts on that on twitter. let me know what you think. what's going on here @megynkelly. the associated press publishes this photo. what kinds of leg action if any can her family take in this family that finds their daughter in an ap picture that appears to show something that's embarrassing and inaccurate. that's next. begin.

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megyn: "kelly's court" is back in session. the picture of a little girl at the of a political issue. the associated press is apologizing for the caption of an embarrassing photo that shows governor mitt romney bend over while a little girl gaips from behind him. here he is with a group of school children. he pulled over, tried to do a nice thing ease's passing by these school children saying hello and shaking hands. he gets embarrassed because the ap takes a photo of him and circulates it around for people to mock. it shows a little girl who appears to be look at mitt romney from behind and whether the parents of that little girl might have any legal action against the associated press for doing that to their daughter.

david wohl and joey jackson. i think we have had enough of the photo. governor romney bend over and a little girl expressing surprise behind him. they originally put it out. i don't know why they put it out. they said we should have made clear she was expressing surprise that he was going to pose for photos. does that cuter, david? >> no, absolutely not. the a.p. knew. they picked out a photo that was intentionally insulting and embarrassing to romney. this girl was exploded in further answer of theirs attempt to insult mitt romney. she is the one with the lawsuit. her parents can serve as her goddan ad litem. sheer as her guardian ad litem.

mitt romney is mooning a little kid is what the photo tries to show and the little girl is expressing shock. it is not unconditional protection and this goes way overboard for the intentional and malicious type of defamation that is definitely actionable by this girl. megyn: no one has threatened a lawsuit. the family hasn't threatened a lawsuit. >> if that was my little girl i would be all over it. megyn: a lot of my viewers said if i were the parents of that little girl i would sue the a.p. as fast as it would make their head spin. the question is what could they sue the a.p. for? would the parent have to sign a release for the a.p. to use this photo and would that allow the a.p. to use any photo? >> it was taken in public and it can be used in whatever manner

as long as the manner is not otherwise miss hiding or defamatory. -- otherwise misleading or defamatory. here is the the reality. with respect to mitt romney there is no lawsuit because of the fact that he is and could potentially be the next president. megyn: we all agree on that. the question is the little girl who was was made to look like she was participating in something untoward or humiliating. >> this little girl could have taken a photograph with the next president of the united states. you have to establish there was false statement and it was injure was to her reputation and there were damages. was it taken out of context? yes. they published a correction the next day. with regard to injury to her reputation, where is the injury to her reputation?

megyn: a little girl will face when she goes back to school and all of her friends seeing her going ahh to mitt romney's back side. >> it's the bullying that could take place because of what she looks like she is doing, sort of gaping at mitt romney's posterior is incredible. there is no question about it. they are not entitled to absolute immunity based on the first amendment. when they take pictures at these pool photo ops they take dozen of pictures a vehicle these fancy cameras and they just happen to choose one that looked insulting to him and the girl. megyn: they don't like mitt romney and they want to make him look bad. but this takes it to another level when you embarrass a little girl. >> based upon the fine work that you do, the world is now -- it's known to the world that this was not a little girl who was

otherwise gaping at the posterior of the next president of the united states. as a result of that we now know she wasn't doing that. she is going to be fine. everybody else will love her and she may be the next president. megyn: thank you both. coming up next.so even incredible story of character and compassion. things have been a little strange. (sfx: sound of piano smashing) roadrunner: meep meep. meep meep? (sfx: loud thud sound) what a strange place. geico®. fifteen minutes could save you fifteen percent or more on car insurance. [ slap! slap! slap! ] [ music, laughter stop ] [ male announcer ] when your favorite foods fight you, fight back fast with tums smoothies. so fast and smooth, you'll forget you had heartburn.

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megyn: a middle school football games brings one of the most touching touchdowns ever when the coach calls this 8th grader onto the field to score this winning play. >> this is the play 13-year-old jack mcgraw had been waiting for. jack mcgraw was dressed in the

middle school colors green and white. the hurricanes were up 29-0 when the coach called him in for the play of the game and the crowd went crazy. >> the crowd just went nuts and i went nuts. when i came around i looked at jack and he had biggest smile ever. >> reporter: the coach said he told the team before the game that jack would be going in. when he got in the end zone everyone in the stadium stood up and started cheering. everyone knew about this memorable moment except jack. when the coach maid sure the ball was in jack's hands he was told to take off in his motorized here with chair and he stared at the goal post the whole way. >> it was emotional.

he can't walk for the rest of his life it was his dream to get the ball and score. >> reporter: his mather says her son has always wanted to be an athlete and treated like every other little boy. >> the kids are cheering and the parents were cheering. just that level of acceptance. megyn: great story. thanks to darlene hill with our chicago affiliate. we are also learning the local school board recognized jack, his coaches and teammates this week as well as the opposing team and their coaches for one incredible display of character and compassion. we'll be right back. [ female announcer ] the best things in life are the real things.

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>>megyn: during the break our state manager said the last story gives you hope because we do the stories about bullies. bullies who a